The Research And Analysis On The "Human Sentiment" And The "Reason" In County Yamen Trial

In the special historical conditions, the spirit of traditional Chinese legal culture formed its unique style. The sentiment and ethics of human sympathy basis and logic evidence, is the standard created by the Chinese to decide cases.Sentiment and reason includes ancient ethical sense and common sense. Ancient ethics and common sense, such as "being harmonious and respectful" principle, the specific spiritual norms as "loyalty" ,"filial piety" and "righteousness" and the spirit of the "three cardinal guides" as the core of the Feudal moral standards, etc.. Reason is the deep sense of justice in the individual. It's not a real qualitative, but it can guide the judgment of the magistrate. Reason is the benchmark of valuation from the whole community point of view; the main spirit is the pursuit of "balance" and "harmony". "Emotion" and "Reason" is not different fundamentally, the nature of "reason" is somehow more abstract than that of "feeling".Through the general survey of the "Ta Jing Ting"cases in-court negotiations, we can see that most of the case evaluations by Hsu Wen-Jun follow the legal rules. However, the final elements that effect judge is not law and regulations, but many factors behind the case, sentiment and reason mainly. In court verdict, besides legal rules, the basis to settle a lawsuit includes logic, propriety, justice and other ethical rules. In judicial decisions, there are even judgments based on propriety, feeling and reason. To settle a lawsuit reasonably embodies the original situation conviction, showing sympathy and consideration in judgments, humanistic care and family ethics based on harmony.The situation in original situation conviction refers to the plot and truth in the law case. Disputing resolution, to investigate factors that effect the decision of the case is the basic step, it is also the premise to applicate law and refer to human feelings. In the process of exploring the truth, searching the criminal motivation of the person involved, the magistrate can interpret the problem form the reason perspective and judge the case with human sympathy and consideration. Giving full consideration of the circumstances of the person involved in the case, the magistrate shows sympathy compassionate care to achieve the pursuit of"reasonable"result, thus to achieved a good social effect, this is an important manifestation of sentiment and reason in ancient juridical practice.Even if the parties in the case have no reason to be sympathized, Xu magistrate takes factors outside the case into consideration or because of his sympathy, he will make a leniently judgment from sentiment and reason perspective, which fully reflects the humanistic care.Concept in family is an important factor in ancient Chinese law system. It not only affect legislation, but also implement all aspects of judicial practice, and provide guiding principle for judicial adjudication.The use of reason and law, reflected in the conflict and integration of reason and law. In ancient China, the relationship of reason and law had always been tangled. Ethics color penetrated every corner in ancient China, ethics and law constitute the social unity. When reason is in accordance with law, be fair, reasonable and legal is the most successful pursuit of the judge on the cases.The complicated judicial practice make the magistrate can not simply do an either-or choice, that is to carry out law or follow reason to settle a lawsuit. Because, in most cases, a judge of the either-or choice will not gain public respect and support, it is also not the result the magistrate desired. Disputes between law and reason, the magistrate wants to make a "balance between law and reason". Only by doing this, can he not overstep the limits of law and take into account the reasonable requirements. Interests of the parties have been confirmed by the magistrate, thus magistrate can get full implementation and coordination of the parties to achieve a good social effect. Judicial practice based on introducing propriety into law and legalization of family ethics will inevitably facilitate the fusion of law and reason.The ancient Chinese cultural traditions still plays an important role in our current society, because of its historical inertia and traditional continuity. we must face it, and its role can not be underestimated.For the early nineteenth century Qing dynasty which is in its turbulent times, it is our extravagant hopes to call the fusion of law and reason and people's faith based on this fusion. But after a hundred years in China, now we have the confidence and strength to built socialism with Chinese characteristics,and to gain greater achievements.